ARUN SANGWAN Vs. INDIAN AIRLINES & ANR.

JUDGEMENT

(1.) THE Complainant, Sh. Arun Sangwan has signaled his annoyance by filing the above said complaint and is seeking damages in the sum of Rs. 30,00,000 (Rupees thirty lacs only), for deficiency in service by the Indian Airlines, OP 1, because the flight of the Aeroplane IC 167 was delayed by approximately two hours. The facts of this case are as follows. The complainant is a Sales Manager with Silicon Graphics, a Multi -National Company. He is an M.B.A. and was drawing salary of Rs. 5,00,000 pack, p.a., besides other perquisites, at the time of filing of this complaint. He has been travelling as per his business requirement. He is an Income Tax Assessee. He was to attend an important Conference of the Company, on 23.2.2001, at 11.00 a.m., at Mumbai. Therefore, he booked his ticket from the opposite party and the flight was scheduled to depart at 8.00 a.m., from New Delhi. The complainant arrived at the airport on 23.2.2001 at 6.30 a.m. At 6.40 a.m., it was announced that the departure of the flight was delayed but no rescheduled time was announced. At about 7.00 a.m., the counter opened and the complainant was informed that the flight would be departing at 8.20 a.m.. The complainant mentioned that he could go by the Jet Airlines Flight at 8.00 a.m., but he was misled into by the Check -in official that the flight would definitely take off at 8.20 a.m.. At 8.00 a.m., the boarding was announced at about 8.30 a.m., pilot announced that the flight is further delayed as he was not getting clearance from the Commercial Department. The complainant requested for being off -loaded so that he could take the Jet Airlines Flight at 9.30 a.m., but he was not permitted to deplane. The pilot was specifically explained about the entire situation by the complainant and requested for transfer back to the airport to meet the officials concerned.

(2.) ONE Mr. Abhay Pathak, Manager (Commercial), arrived at the aircraft and assured that the flight would take off at any time. Mr. Pathak gave some instructions to his staff who tried to forcibly herd back the passengers into the aircraft. They used foul language, when their move was resisted by the complainant. In the meantime, U.S. Pandey, Airport Manager, came to the aircraft and informed the passengers that the flight was waiting for passengers who were to come by another flight from Ranchi. The flight from Ranchi was to reach the previous evening but was delayed due to technical defect. The complainant was not allowed to transfer back to the airport for cancellation of the ticket. The complainant wanted that he should get back the refund of the ticket, but that was declined. No time for 'take -off was indicated. Under pressure from the complainant and other passengers, Mr. Abhay Pathak and U.S. Pandey gave written apology at about 9.55 a.m. wherein it was confirmed by Mr. Abhay Pathak, Manager (Commercial) as also by Mr. U.S. Pandey, the Airport Manager that the delay was due to non -arrival of the passengers from Ranchi, at the scheduled hour. The flight finally took off at about 10.15 a.m., after a delay of about 2.15 hrs and landed at about 12.15 p.m. The complainant reached his destination at about 1.15 p.m. instead of before 11.00 a.m. Consequently, the present complaint was filed before this Commission on 18.2.2002, wherein the complainant claimed compensation in the sum of Rs. 30,00,000.

(3.) THEIR baggage was immediately transferred to IC -167 at about 9.00 a.m. and 39 passengers, out of 41 transit passengers after arriving into the departure hall, checked in for Flight No. IC -167 and also boarded the same by 0910. hours. The remaining two transit passengers were on wheel chairs and, therefore, the arrangements were made for providing Ambu lift to the said passengers. The passengers of Flight No. IC -167 got annoyed and started agitating about the delay. Mr. U.S. Pandey, Manager, Delhi Airport and Mr. Abhay Pathak, Manager -Terminal, gave written apology. After the arrival of wheel chair passengers in boarding, the flight took off at 0950 hours. According to the OPs, the delay caused was only 1 hour and 20 minutes. It is also explained that since the expected time of arrival of IC -810 at Delhi was 0800 hours and Flight IC 657 on 23.2.2001 was fully booked, therefore, the decision was taken to accommodate 41 stranded Delhi -Mumbai bound passengers arriving on IC 810 D from Patna on IC -167 instead of IC -657. It is contended that there was no deficiency or negligence in the service of the OP. Again, it is agreed between the passengers and the airlines that they would not call into question the delay, if any. It is also argued that the complainant has failed to prove on record that he had suffered any loss from the above said delay.